F1 Visa Rules Are Changed - Explained by Lawyer | Duration of Status Rule For F1 Visa OPT, STEM OPT

Name: F1 Visa Rules Are Changed - Explained by Lawyer | Duration of Status Rule For F1 Visa OPT, STEM OPT
Uploaded: 2026-07-16T23:39:29.000Z
Duration: 2 h 4 s

Overview of the Duration of Status Rule

Introduction to the Discussion

The session begins with an introduction to the new "duration of status" rule, featuring immigration lawyer Henry. The host acknowledges technical difficulties before diving into audience questions about the implications of this rule on various visa holders.

Key Dates and Implementation

The duration of status rule is set for publication on September 17, with an effective date 60 days later, marking September 15 as a critical cutoff for F1 visa arrivals. Those arriving before this date will retain their duration of status; those arriving after will receive specific expiration dates on their I94 forms.

Changes in Visa Regulations

Significant changes include:

Students must complete one academic year before switching programs.

Graduate students require authorization from their Designated School Official (DSO) to change programs under exceptional circumstances.

Restrictions are placed on pursuing multiple degrees at the same educational level without clear justification.

Implications for Current F1 Visa Holders

Grandfathering Provisions

Current F1 visa holders who do not travel will be "grandfathered in," meaning they remain subject to previous regulations regarding duration of status unless they leave and re-enter the U.S., which would trigger new rules based on arrival date.

Filing Requirements Post-Graduation

After graduation, if students wish to transition directly into a master's program while maintaining their duration of status, they can do so by obtaining a new I20 without additional filings—unless they exceed a specified grace period post-rule implementation that requires filing both I765 and I539 forms for OPT applications.

Navigating OPT Applications Under New Rules

Important Deadlines for OPT Filings

Students should file for Optional Practical Training (OPT) before March 18, 2027, to avoid needing both I765 and I539 forms due to potential processing delays associated with H4 extensions affecting EAD approvals. This could complicate timelines significantly if not adhered to properly.

Transitioning Between Programs

If students have sufficient time left on their I94 upon applying for STEM OPT or other extensions, they may only need to file form I765 instead of both required forms under new regulations post-March 18th deadline. Careful timing is essential moving forward due to increased complexity in application processes.

Future Considerations for STEM OPT Holders

Impact on Current STEM OPT Holders

For current STEM OPT holders whose statuses extend beyond July 2027: They maintain their existing rights under prior rules unless traveling outside the U.S., which would necessitate compliance with updated regulations upon re-entry that could affect future educational pursuits like PhD programs or further studies without filing additional paperwork if remaining within duration of status guidelines.

Change from H1B Back to F1 Status

Individuals transitioning from H1B back to F1 must ensure that any change-of-status applications are submitted before September 15th; otherwise, they risk denial based on newly implemented restrictions against second master’s degree enrollments without proper documentation or approval prior to this cutoff date. This emphasizes proactive planning in light of regulatory changes ahead.

Understanding Duration of Status and Its Implications

Impact on Duration of Status Holders

The discussion begins with a question about the implications for individuals on duration of status (DS) if they do not travel outside the U.S. It is suggested that there may be no end date for their status as long as they maintain active service.

If a person's I-94 indicates DS, they can maintain their status as long as their service remains active. However, issues may arise if the Designated School Official (DSO) enforces new rules differently.

Cap Gap Concerns

A participant inquires about qualifying for cap gap after traveling and being selected for H1B. The speaker confirms that cap gap provisions remain intact but expresses concern over potential complications due to I-94 discrepancies.

During the cap gap period, individuals might face challenges with ICE or obtaining driver’s licenses because many systems rely on I-94 data.

Grace Period Clarifications

A question arises regarding whether the new duration of status rule affects the 60-day grace period after program completion. The speaker clarifies that those already in the U.S. will retain their 60 days, while new arrivals post-September 15 will have only 30 days.

Transitioning Between Programs

An individual asks how applying for STEM OPT impacts them if they haven't traveled. The response indicates that staying within DS allows transitioning from one program to another without needing additional filings unless travel occurs.

Enrollment Timing Recommendations

For someone wanting to enroll in a PhD program while on STEM OPT, it is advised to transfer before September 15, 2026, ensuring no need for filing extensions if remaining in DS.

Navigating Changes Post-Sept 15: Filing Extensions and Applications

Extension Application Process

Clarification is provided regarding applying for STEM OPT before March 18, which simplifies processes by avoiding extension applications unless travel occurs.

New Students and Transition Rules

New students starting programs in August 2026 are informed that their I-94 won't change simply due to rule implementation; however, traveling could alter their status significantly.

Implications of Travel on Status

Traveling during studies can lead to fixed-duration statuses upon re-entry into the U.S., necessitating careful planning around application timelines for OPT.

Challenges with Transferring Universities and Maintaining OPT

Transferring Between Institutions

A student transferring universities while having an active OPT must choose between maintaining their current OPT or pursuing a new degree at another institution since only one service record can be active at a time.

Re-entry Considerations Before Deadline

Students returning from abroad before September 15 are reassured that they will still be under DS upon re-entry without significant changes affecting their current situation.

Future Planning: Strategies Around Program End Dates

Applying for Future Opportunities

Graduating students are encouraged to apply for OPT before March 18 to avoid additional complexities associated with filing extensions alongside EAD applications.

Importance of Staying Informed

Those considering travel should understand that leaving after September 15 complicates future applications due to specific end dates assigned upon re-entry into the U.S.

Final Thoughts: Flexibility and Options Available

Evaluating Employment Options

Discussion highlights benefits of switching from STEM OPT to unrestricted employment authorization through a U visa-based EAD when job satisfaction is low or finding work becomes challenging.

Conclusion on Current Regulations

As regulations evolve, students are advised to stay updated on requirements related to extensions and transitions between educational programs while navigating potential changes effectively.